Phoenix Background Checks: An Employer’s Guide [2025]

Comprehensive pre-employment background checks enable employers in Phoenix, Arizona to validate candidate credentials and make better hiring decisions.

At iprospectcheck, we specialize in delivering accurate and compliant background checks for businesses throughout Phoenix and across Arizona.

This guide provides a detailed overview of the requirements and best practices for conducting legally compliant employment background checks in the area.

What is a Phoenix Employment Background Check?

An employment background check in Phoenix investigates a candidate’s criminal record, academic qualifications, employment history, professional certifications, and other essential details to determine their suitability for employment.

Arizona businesses use these checks to verify information, which ensures hiring decisions are based on objective data rather than application materials alone.

Why Do Employers in Phoenix Conduct Background Checks?

Employers perform background checks for various reasons, such as:

1. Promote Workplace Safety

Background checks help employers identify workplace safety risks by uncovering past behavior or criminal activity that could pose safety concerns for staff, clients, or visitors.

Background checks help employers identify candidates who may pose safety risks by uncovering past behaviors that indicate a lack of regard for safety.

2. Support Fair Hiring Practices

Consistent and standardized screening processes ensure every applicant is evaluated equally, reducing unconscious bias and supporting fair hiring policies.

3. Comply with Regulations

Many industries in Phoenix, Arizona, must comply with rigorous screening requirements under both state and federal regulations.

For instance, employers governed by the U.S. Department of Transportation (DOT) are required to conduct DOT background checks and DOT drug testing for applicants pursuing safety-sensitive positions.

This is especially important in Phoenix’s thriving aerospace and defense industries.

Companies such as Honeywell Aerospace and Raytheon Technologies handle classified projects that require employees to obtain security clearances, while major transportation hubs such as Phoenix Sky Harbor International Airport enforce strict screening standards for their staff, including fingerprint-based background checks and security threat assessments.

Additionally, Arizona state law mandates fingerprint-based background checks and abuse registry screenings for employees working with vulnerable groups, including children, the elderly, and individuals with disabilities.

4. Minimize Negligent Hiring Risks

Organizations that neglect proper employee screening can face legal repercussions if an insufficiently vetted hire causes harm.

Comprehensive background checks show that employers have taken reasonable measures to ensure candidate safety and qualifications, helping to minimize liability risks.

5. Build Trust with Clients

Many job roles involve managing sensitive customer information, whether through financial transactions, healthcare services, or other essential business tasks.

Effective background checks enable employers to verify that candidates are trustworthy and capable of safeguarding confidential data, reducing the likelihood of breaches or misuse.

When clients are aware that your company conducts thorough background screenings, they gain greater confidence that their private information will be handled with care and security.

6. Protect Corporate Reputation

Employees act as representatives of their organization, particularly in roles that involve direct customer interaction.

Background checks assist companies in preventing the hiring of individuals whose previous behavior might harm the organization’s reputation or weaken customer trust.

What Information Appears on a Phoenix Background Check?

The details included in an employment background check in Phoenix vary based on the specific searches requested.

Typical elements often include:

Criminal History

If a candidate has a criminal conviction or an open criminal case, a criminal background check typically reveals the following details:

• Criminal case number
• Jurisdiction
• Date of the offense
• Nature of the charges
• Classification level (misdemeanor or felony)
• Case disposition
• Disposition date
• Sentence (if applicable)

Employers should avoid using a criminal conviction as an automatic disqualification for employment.

Instead, each conviction should be carefully assessed based on its relevance to the role’s responsibilities and safety requirements.

Additionally, consumer reporting agencies (CRAs) are prohibited from disclosing sealed, pardoned, or expunged records.

Employment Verification

Employment verification provides key details about a candidate’s current and previous work history, including:

• Company names and addresses
• Start and end dates of employment
• Job titles and positions held

Employers rely on employment verification to ensure a candidate has been truthful about their work history and to identify any employment gaps that may need further clarification.

Education Verification

Education verification provides details about an applicant’s academic history and achievements, including:

• Institution name(s) and address(es)
• Enrollment periods
• Degrees or diplomas earned

This process ensures candidates meet the necessary educational requirements and have accurately represented their credentials on resumes.

Professional License Verification

Professional license verification provides key details about an applicant’s credentials, including:

• License validity
• License number
• Issuance date
• Issuing organization
• Expiration date
• Public disciplinary actions

Verifying a candidate’s professional license or certification ensures they meet the necessary qualifications for roles in regulated industries.

Identity Verification

Identity verification reveals essential details about an applicant, including:

• Names used by the candidate, including aliases
• Address history
• Date of birth

This initial step allows consumer reporting agencies (CRAs) to confirm the candidate’s identity and pinpoint additional jurisdictions for further background searches.

Motor Vehicle Records (MVR) Check

Motor Vehicle Record (MVR) checks provide detailed information about a candidate’s driving history and driver’s license, including:

• License number
• License class
• Issuance date
• Driver’s full legal name
• Registered address
• Traffic infractions
• Major traffic violations
• Expiration date
• License suspensions or revocations

Performing an MVR check is essential to ensure drivers are safe, responsible, and eligible for insurance coverage.

Important Laws and Regulations

Federal Regulations

Fair Credit Reporting Act (FCRA)

The FCRA is a federal law designed to protect consumer privacy by regulating how consumer reporting agencies (CRAs) collect, store, and share information with third parties, as well as how employers use background check results.

Under the FCRA, CRAs are prohibited from reporting certain information older than seven years for positions with salaries under $75,000 per year, including:

• Arrests not resulting in convictions
• Paid tax liens
• Civil lawsuits
• Civil judgments
• Chapter 13 bankruptcies (Chapter 7 bankruptcies can be reported for up to 10 years)
• Debt collection accounts

Employers are required to inform candidates about background checks using a standalone disclosure form, free from any additional content.

Additionally, employers must obtain written consent from candidates before starting the background check process.

If an employer decides not to hire an applicant based on findings from the background check, they must follow the FCRA’s adverse action procedure before finalizing their decision.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) prohibits federal employers and contractors from asking about criminal history until a conditional job offer is extended.

Federal agencies are prohibited from awarding contracts to companies that fail to comply with the Fair Credit Reporting Act (FCRA).

Title VII of the Civil Rights Act of 1964

Title VII prohibits workplace discrimination based on protected characteristics of applicants and employees, covering all stages of employment, from hiring to termination.

The Equal Employment Opportunity Commission (EEOC) enforces this law and provides enforcement guidance on how employers should evaluate criminal record information uncovered during background checks.

Before making an adverse hiring decision based on a conviction, employers must individually assess the offense’s relevance to the job responsibilities and workplace safety.

Arizona Laws

Fingerprint Clearance Cards

Under ARS § 41-1785.02, employers who serve vulnerable populations such as children, elderly individuals, or individuals with disabilities must require applicants and volunteers to obtain fingerprint clearance cards.

A fingerprint clearance card is granted once an applicant or volunteer passes a state criminal background check and abuse and neglect registry screening.

These checks ensure that candidates do not have disqualifying criminal histories.

Statewide Ban-the-Box Policy

Former Governor Douglas Ducey signed a statewide ban-the-box executive order in 2017 that applies to public employers in Arizona.

Under this law, public state employers can’t ask about criminal history on job applications and must wait until an applicant has had an initial interview before conducting criminal background checks.

The order includes an exception for public employers required to conduct criminal background checks by federal or state law.

Two Standalone Disclosure Forms Required

A decision by the Ninth Circuit Court of Appeals in Gilberg v. Calif. Check Cashing Stores, 913 F.3d 1169 (2019) applies to all states within the Ninth Circuit, including Arizona.

Under this decision, employers must provide applicants with two standalone disclosure forms before they conduct employment background checks.

These forms include the disclosure required by the FCRA and a second form that includes specific disclosures required by the Ninth Circuit’s decision.

Arizona Civil Rights Act and Criminal Background Checks

The Arizona Civil Rights Act prohibits discrimination in employment based on an applicant’s or employees protected characteristics, including:

• Race
• Color
• Religion
• Sex
• Age
• Disability (including medical exams and inquiries)
• Citizenship
• National origin

Under this law, employers can ask about an applicant’s convictions, including information about when the offense occurred and the sentence. However, employers should not inquire about this information on the initial application.

You must provide a disclosure that states the information the applicant provides about a conviction will not be used as a sole factor to deny employment if you intend to ask about an applicant’s criminal record.

Childcare Employment Background Check Requirements

2020 Arizona SB 1504 was enacted on Aug. 25, 2020. It amended Arizona Title 36 to include fingerprint card requirements for applicants and volunteers seeking work in childcare facilities.

Employers that must comply with this law include:

• Childcare centers licensed by the Arizona Department of Health Services (DHS)
• Home childcare centers certified by the Arizona Department of Economic Security (DES)
• Childcare resource and referral agencies
• DHS-licensed group homes

This law requires childcare operators, applicants, volunteers, family members, and owners to submit fingerprints.

The state then submits the fingerprints to search the Arizona Department of Public Safety to check state criminal records, the FBI for criminal records in other states and federally, and the NCIC and Arizona sexual offender registry to check whether the individual is a registered sex offender.

The state also searches the Arizona Child Abuse and Neglect Registry and registries in all states where the person has lived or worked.

Childcare employers must disqualify anyone who has a conviction or pending charge listed in ARS § 41-7158.07, including attempts, conspiracy, solicitation, or facilitation to commit any of these offenses.

Record Sealing Law

Under ARS § 13-911, individuals with qualifying criminal convictions can petition the court to seal their records once they have completed all of the terms and conditions of their sentences, have paid all restitution, and the required waiting period has passed.

The waiting period varies based on the offense’s severity as follows:

• Class 2 or 3 felonies – 10 years
• Class 4, 5, or 6 felonies – Five years
• Class 1 misdemeanors – Three years
• Class 2 or 3 misdemeanors – Two years

Individuals who have their records sealed are allowed to deny they have been arrested or convicted of a crime unless they are applying for a job that requires a fingerprint card or have a sealed conviction for a class 2 or 3 felony.

Certain crimes are excepted, including:

• Child abuse
• Certain burglary offenses
• Felony thefts
• Vulnerable adult abuse
• Sexual offenses
• DUIs
• Telecommunications fraud
• Others

Employers are restricted from using sealed records in hiring decisions.

Marijuana Expungement Law

Under ARS § 36-2862, any person who has been convicted or arrested for a marijuana offense that would no longer be a crime under the state’s legalized recreational marijuana laws can ask for an expungement of their record.

When a record is expunged, it is removed from the individual’s criminal record.

CRAs can’t report expunged records, and employers are not allowed to ask about or use them.

Local Laws

Phoenix Ban-the-Box Ordinance

Phoenix has a ban-the-box ordinance that applies to municipal employers.

Under this ordinance, public employers can’t inquire about criminal history on job applications and must wait to complete criminal background checks until after they have made conditional employment offers.

The ordinance also restricts criminal history checks to seven years.

How to Conduct Employment Background Checks in Phoenix

1. Establish a Screening Policy

Develop a comprehensive background check policy before initiating applicant screenings.

Ensure the policy complies with all federal, state, and local regulations and outlines clear, step-by-step procedures for HR personnel to follow during the background check process.

Clearly document your organization’s screening protocols, the roles subject to checks, and compliance obligations.

2. Train HR Personnel

Provide comprehensive training for your hiring team to ensure they fully understand your background check policy and the necessary steps to follow before, during, and after conducting screenings.

3. Provide Candidate Disclosure and Secure Consent

Use individual forms to inform candidates of your intent to conduct background checks, ensuring compliance with the Fair Credit Reporting Act (FCRA).

Obtain written consent from each candidate before starting the screening process.

4. Partner with a Reputable Provider

Collaborate with reliable background check companies like iprospectcheck to guarantee accuracy and compliance.

5. Time Screenings Effectively

While Arizona doesn’t have a statewide ban-the-box law, and the regulations in Phoenix primarily apply to public sector employers, it’s still wise to delay background checks until later in the hiring process.

This approach helps reduce costs, conserve resources, and improve overall efficiency.

6. Customize Screenings by Role

Select background checks based on the specific requirements of the position. This prevents unnecessary expenses on reports that aren’t relevant to the role.

7. Review and Communicate Results

Keep candidates updated throughout the background check process. Once you receive the results, review them thoroughly.

If you decide to proceed with a candidate, reach out to arrange onboarding and confirm a start date.

8. Evaluate Convictions

If you discover a candidate has a criminal conviction, assess its relevance to the job responsibilities and workplace safety before making a hiring decision based on their record.

9. Follow the Adverse Action Process

If you intend to reject a candidate based on negative findings from a background check, follow these steps in the adverse action process:

1. Send a Pre-Adverse Action Notice: Include a copy of the background check report highlighting the concerning information.
2. Allow Time for a Response: Give the candidate a reasonable opportunity to dispute inaccuracies or provide evidence of rehabilitation.
3. Issue a Final Adverse Action Notice: If you decide not to hire, send a final notice and include a summary of their rights under the Fair Credit Reporting Act (FCRA).

Get a Phoenix Background Check with iprospectcheck

Phoenix is home to diverse industries, including healthcare, technology, finance, and education. Each field has unique compliance and risk management requirements.

At iprospectcheck, we deliver comprehensive and compliant background screening tailored to your business needs. Our expertise ensures accuracy, compliance, and efficiency in every report.

For more information or to receive a free quote, call us today: 888-509-1979

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.